Facts
In connection with the cantonal popular vote of November 30, 2003 on the partial revision of the Zurich Code of Criminal Procedure, the Explanatory Report of the Zurich Cantonal Government was published in the Official Gazette of the Canton of Zurich on October 24, 2003. The subject of the referendum proposal included, among other things, the abolition of the cantonal nullity appeal against judgments and dismissal decisions of the single judges, district courts and juvenile courts, as well as against appeal decisions of the High Court. Various private individuals and associations challenged the Explanatory Report with the Zurich Cantonal Council and complained that the Cantonal Government had seriously violated its obligation to provide the voters with objective, factual and balanced information. Additionally, it was objected that members of the Cantonal Government had grossly violated the requirement of factual and objective information through public statements on the subject of the vote. The popular vote of November 30, 2003 was approved with over 76% of the votes in favor. The Federal Supreme Court dismisses the appeal.Considerations
The appellants allege a violation of political rights or Art. 34 of the Federal Constitution. The Explanatory Report of the Cantonal Government was "in the present form misleading in essential points" and violated the government's duty to provide objective information. Furthermore, before the vote, "various members of the Zurich Cantonal Government had made public statements on the voting proposal in an inadmissible manner, thereby violating the freedom of election and voting".
The Federal Supreme Court finds that the authorities are obliged to provide correct and restrained information in votes. However,…